HEMAXIBA ANIRUDDHSINH DODIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With consent of the parties, matter is taken up for final disposal. Learned APP waives notice on behalf of the Respondent No. 1-State. Mr. Nikhil Ghate and Mr. Vinod Gupta, learned counsels represent the Petitioners and the Respondent No. 2 respectively.

(2.) The Petitioners seek to quash and set aside First Information Report ("FIR") No. 429 of 2023 dtd. 17/9/2023 registered with the Nerul Police Station, Navi Mumbai for the offenses punishable under Ss. 406, 420 and 506 read with 34 of the Indian Penal Code, 1860 ("IPC") filed by the Respondent No. 2 ("Complainant").

(3.) The Petitioners and the Respondent No. 2 are businessmen. There was an Agreement between the parties regarding sale of a Horizontal Directional Drilling ("HDD") machine of Vermeer Company for a consideration of Rs.30,00,000.00 plus Goods and Services Tax. A dispute arose between the parties in respect of payment of the agreed consideration in lieu of the said machine leading to the Complainant filing a FIR impugned herein in the Nerul Police Station.